US Citizenship/Selective Service

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Old May 6th 2001, 4:58 am
  #1  
yesmeandyou
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Selective Service

My friend wants to get US citizenship.

My friend did not register "selective service" during his staying in usa overstayed
on b2 visa since 1982-1994(14-26 ys old). He immigrated to canada during 1994 (26yrs
old) and later enter usa again as a LEGAL US GREEN CARD holder on 1996 (28yrs old).

Questions. ( He checkd the Selective Service website and INS websites already )

what should He do?

1. How should He proceed if He want to get US citizenship?
2. Will His green card void if He can;t get USA citizenship cuz of "Selective
Service"?
3. His child is a usa citizen

p.s. please reply to [email protected] (please remove P in the email address, no
spam reason)
 
Old May 6th 2001, 5:45 am
  #2  
Gary L. Dare
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and later enter usa again as a LEGAL US GREEN CARD
    >

His legal obligation for Selective Service didn't start until he became a permanent
resident, landing at age 28. Then when the draft is reactivated, every male citizen
and permanent resident over 26 also goes into the pot. The registered 18-26 year olds
are the "ready pool" for when the draft initializes.

(The chances are not remote since reactivating the draft was talked about during the
Kosovo conflict. US armed forces are 2/3 their size in the Gulf War and have had
recruiting problems due to overall aging of the US pop- ulation. Odds of a healthy 30
year old getting picked for a Colombia conflict will be higher than in Vietnam.)

    >

If a male, his child has to register with Selective Service at age 18 unless the laws
change between now and then.

--
Gary L. Dare [email protected]

Ripco, Chicago's Oldest Online Information Service
 
Old May 6th 2001, 1:18 pm
  #3  
Derek M. A. Lee-Wo
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I just wanted to clarify this. I'm a 32 year old male. I just became a permanent
resident 1 month ago. Do I need to register with Selective Service?

Derek

Gary L. Dare wrote:

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--
Derek M. A. Lee-Wo Email Home: [email protected] Work: [email protected] Fax:
(305)437-9718

"He who will not risk cannot win" - John Paul Jones
 
Old May 6th 2001, 1:23 pm
  #4  
Mark Carroll
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(snip)

As far as I know: no.

If you are really worried, I suppose that you can always send in the card anyway
(available from the post office) and let them reject you.

-- Mark
 
Old May 6th 2001, 2:55 pm
  #5  
Gary L. Dare
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I'm a 32 year old male. I just became a permanent resident
    >

No.

If over 26, not unless the actual draft re-starts (if/when) due to war or severe
military recruiting shortfall.

18-26's must register to be part of the ready pool to start up any new draft.

--
Gary L. Dare [email protected]

Ripco, Chicago's Oldest Online Information Service
 
Old May 6th 2001, 4:28 pm
  #6  
Rich Wales
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"yesmeandyou" wrote:

> My friend did not register "selective service" during his staying in usa
> overstayed on b2 visa since 1982-1994(14-26 ys old). He immigrated to canada
> during 1994 (26yrs old) and later enter usa again as a LEGAL US GREEN CARD
> holder in 1996 (28yrs old).

As far as I'm aware, the Selective Service rules say that a man who is in the US
=illegally= at any time between ages 18 to 26 is required to file a Selective Service
registration.

[Reference: http://www.sss.gov/must.htm]

> How should he proceed if he want to get US citizenship?

Since your friend's failure to register for Selective Service took place more than
five years ago, I believe it is likely that this will =not= be held against him now,
if he applies for US citizenship now.

[Reference: http://www.shusterman.com/natz-ss99.html]

> Will his green card void if he can't get USA citizenship cuz of "Selective
> Service"?

If your friend failed to disclose the fact that he had been in the US illegally when
he applied for his "green card" later, I suppose there is a chance that he could get
into legal trouble now. I don't know how big a chance this is, though; I would
suggest that your friend should discuss this question with an immigration lawyer.

> His child is a usa citizen

Not relevant at all, as far as I know.

Rich Wales [email protected] http://www.webcom.com/richw/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old May 6th 2001, 4:34 pm
  #7  
Rich Wales
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"yesmeandyou" wrote:

> > and later enter usa again as a LEGAL US GREEN CARD holder on 1996
> > (28yrs old).

Gary L. Dare replied:

> His legal obligation for Selective Service didn't start until he became a
> permanent resident, landing at age 28.

Except that since he was apparently an undocumented (illegal) alien for a while prior
to his 26th birthday -- remember, his friend said that he had overstayed a visa
earlier -- he would apparently have become obligated to register for Selective
Service at that time.

[Reference: http://www.sss.gov/must.htm]

> Then when the draft is reactivated . . . . (The chances are not remote since
> reactivating the draft was talked about during the Kosovo conflict. . . .)

I suppose I could end up eating my words, but I honestly do =not= agree that there is
any realistic likelihood of reinstating a draft in the US in the foreseeable future.
Public opinion has been very heavily against a renewed draft for years, and almost
any politician who seriously tried to push for resumption of the draft would be
committing political suicide.

Rich Wales [email protected] http://www.webcom.com/richw/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old May 6th 2001, 4:40 pm
  #8  
Rich Wales
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Derek M. A. Lee-Wo wrote:

> I'm a 32 year old male. I just became a permanent resident 1 month ago. Do I
> need to register with Selective Service?

No. You would only need to register with Selective Service if you were currently
under 26 years old.

Even if someone should have registered, but didn't realize this fact (or decided to
make amends for their earlier omission) until after their 26th birthday, Selective
Service will not accept registrations from men who are 26 or over, period.

For an analysis of what can happen to the US citizenship application of a permanent
resident alien who =should= have registered for Selec- tive Service before age 26,
but did not, see the following Web page:

http://www.shusterman.com/natz-ss99.html

But unless there was some reason that you were required to register before your 26th
birthday (but you didn't), the question shouldn't even come up in your case. See
http://www.sss.gov/must.htm for more info on who is, or is not, required to register.

Even if you were required to register (e.g., if you overstayed a visa or otherwise
spent time in the US illegally prior to your 26th birthday), this will most likely be
considered irrelevant by the INS by the time you are ready to apply for US
citizenship (see the afore- mentioned page on the Shusterman site).

Rich Wales [email protected] http://www.webcom.com/richw/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
 
Old May 7th 2001, 12:54 am
  #9  
Gary L. Dare
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The US Armed Forces is 2/3 their size from the Gulf War. Yet the US Armed Forces has
had a recruiting shortfall. Not just regular forces but National Guard and reserves
as the latter get tapped for extended service abroad.

The overall US population is aging due to a huge baby boomer demographic bulge.
Despite population growth, the recruiting base is 8 Million less than 20 years ago.

A major or prolonged minor conflict could trigger a draft. John Walters, the
candidate for Bush's (anti-)drug czar, is a real hawk and could cause the US to be
dragged into a Colombian quagmire. If you can design a drug czar in rebuttal of
"Traffic", Walters is all that. )-;

Of course, there are other avenues at least in peacetime before resorting to a
draft. What's relevant to this newsgroup is that a year ago, a Pentagon team visited
the French Foreign Legion's HQ in Nantes, France with the idea of starting such
brigades for the Army and Navy. One avenue would be to use it as a way to normalize
illegal aliens for service. I only saw coverage of this in La Tribune, a business
paper owned by Barron's, while in Paris. I may have heard a report on NPR as well
but my memory's foggy.

--
Gary L. Dare [email protected]

Ripco, Chicago's Oldest Online Information Service
 

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